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Criminal Law

Crim. Law Journal Winter 2018, Vol. 18, Issue 1

CASE ALERT—IN RE KENNETH HUMPHREY, 2018 CAL. APP. LEXIS 64*, 2018 WL 550512 (1ST DIST., 1/25/18)

All counsel handling criminal cases should be aware of the recent Humphrey decision involving bail. The decision holds that bail schedules may not be rigidly followed without consideration of "a defendant’s ability to pay, as well as other individualized factors bearing upon his or her dangerousness and/or risk of flight." Once a court determines the defendant does not need to be detained for public or victim safety reasons and the defendant should be released on bail, "the important financial inquiry is not the amount prescribed by the bail schedule but the amount necessary to secure the defendant’s appearance at trial or a court-ordered hearing."

The Humphrey decision is an important case and all attorneys practicing in the criminal courts should review it. Defense counsel should be prepare to litigate bail motions, and should conduct sufficient investigation, including an investigation into the client’s ability to pay.

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